Uribe v. Mortgageit, Inc. et al
| James Uribe and Frances Uribe |
| Mortgageit, Inc., Countrywide Financial Corporation, Countrywide Home Loans, Inc, Angelo Mozilo, David Sambol, Bank of America, NA, Mortgage Electronic Registration Systems, Inc and Does |
| 3:2008cv01983 |
| October 27, 2008 |
| US District Court for the Southern District of California |
| Consumer Credit Office |
| San Diego |
| Barry Ted Moskowitz |
| Nita L. Stormes |
| Both |
| Federal Question |
| 18:1961 Racketeering (RICO) Act |
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Filing
14
ORDER Granting 8 and 9 Motions to Dismiss; Denying as Moot Motion for More Definite Statement; Granting Leave to Amend: MortgageITs motion to dismiss the complaint in its entirety is GRANTED without prejudice. The complaint is DISMISSED in its en tirety as to defendant MERS; Countrywide defendants motion to dismiss [doc. #9] is GRANTED as follows: Plaintiffs negligent infliction of emotional distress cause of action is dismissed with prejudice. Plaintiffs quiet title, fraud, RICO, TILA, RESPA and cancellation causes of action are dismissed without prejudice. Plaintiffs are granted leave to file an amended complaint within 20 days of the filing of this Order. Failure to file an amended complaint within the time provided will result in the closure of this case without further notice to the parties. Signed by Judge M. James Lorenz on 1/26/2009. (All non-registered users served via U.S. Mail Service).(mjj)
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